What Happens If There Is a Paucity of Funds for Proper Representation of a Death Penalty Defendant ?
In In re Rule of Criminal Procedure 3.851, 626 So. 2d 198, 199 (Fla. 1993), this Court stated in the Commentary that "in the event the capital collateral representative is not fully funded and available to provide proper representation for all death penalty defendants, the reduction in the time period [for filing initial postconviction motions from two years to one year] would not be justified and would necessarily have to be repealed, and this Court will forthwith entertain a petition for the repeal of the rule."
Adequate funding is also a prerequisite to justify the imposition of the dual-track system articulated in the rules proposed by this Court pursuant to this opinion. See Amendments to Fla. Rules of Crim. Pro. 3.851, 3.852, & 3.993, No. SC96646 (Fla. Apr. 14, 2000).